Louisiana Background Check Laws for Employers: 2026 Compliance Guide
Louisiana background check laws protect applicants and guide how you hire. First, the Fair Chance hiring law limits how you use arrests and convictions. Next, federal FCRA rules control how you order and act on reports.
This guide explains each Louisiana statute in plain language. It also names the agency that administers it. As a result, you can screen faster and stay compliant.
Louisiana Background Check Laws at a Glance
Louisiana has no state “mini-FCRA.” Instead, the federal Fair Credit Reporting Act governs every employment report. However, several state statutes add important limits. The table below summarizes each one.
| Topic | Louisiana Law | What It Does | Administered By |
|---|---|---|---|
| Criminal history in hiring | La. R.S. 23:291.2 | Bars use of non-conviction arrests; requires an individualized assessment of convictions. | Enforced through the courts |
| State agency ban the box | La. R.S. 42:1701 | Delays criminal history questions until after the interview. | Each hiring state agency |
| Local government applications | La. R.S. 42:1702 | Removes arrest questions from initial applications. | Parishes and municipalities |
| State criminal records | La. R.S. 15:587 | Controls release of state repository records. | Louisiana State Police, BCII |
| Expungement | La. C.Cr.P. arts. 971–995 | Removes records from public access. | District courts; BCII |
| Screening costs | La. R.S. 23:897 | Bans charging applicants for drug tests, medical exams, or fingerprinting. | Louisiana Workforce Commission |
| Drug testing | La. R.S. 49:1001 et seq. | Defines certified lab, MRO, and sample standards. | No state agency; enforced through the courts |
| Social media privacy | La. R.S. 51:1953 | Bars requests for personal account passwords. | Enforced through the courts |
| Driving records | 18 U.S.C. § 2721 (DPPA) | Limits MVR access to permissible purposes. | Office of Motor Vehicles (OMV) |
Louisiana Fair Chance Hiring Law (La. R.S. 23:291.2)
Louisiana passed Act 406 in 2021. The law took effect on August 1, 2021. It now appears at La. R.S. 23:291.2.
First, you cannot request or consider an arrest or charge that did not end in a conviction. This rule applies when the information comes from a background check.
Second, you must assess each conviction individually. The key question is simple. Does the record have a “direct and adverse relationship” with the job’s specific duties?
Three required assessment factors
- The nature and gravity of the offense or conduct.
- The time elapsed since the offense, conduct, or conviction.
- The nature of the job the applicant seeks.
Finally, applicants may request the background check information you used. When they ask in writing, you must share it. Ogletree Deakins notes the statute does not require you to announce this right.
Ban the Box Rules for Louisiana Public Employers
Louisiana has no ban the box law for private employers. However, public employers face timing rules. City contractors in New Orleans face extra steps too.
State agencies
La. R.S. 42:1701 bars criminal history questions until after an interview. If no interview occurs, agencies must wait for a conditional offer.
Law enforcement, corrections, and legally required check positions are exempt.
Parishes and cities
La. R.S. 42:1702 applies to political subdivisions. They may not ask about arrests on initial applications.
They may still ask about convictions and pending felony charges.
New Orleans contractors
New Orleans applies ban the box to city departments and city-paid contractors. A 2025 update added a documented five-factor review.
Managers must also record the reason for any rejection.
The Collateral Consequences Resource Center tracks these Louisiana public-sector rules in detail.
Follow the Federal FCRA in Four Steps
The Fair Credit Reporting Act applies to every Louisiana employer that uses a screening company. The Consumer Financial Protection Bureau and the FTC administer it. The FTC employer guide explains each duty.
- Disclose. Give the applicant a clear, standalone written disclosure.
- Authorize. Get written permission before you order the report.
- Pre-adverse action. Send the report and the Summary of Rights before deciding.
- Adverse action. After a waiting period, send the final notice with CRA contact details.
How Far Back Can a Louisiana Background Check Go?
Louisiana sets no separate reporting lookback for screening companies. Instead, FCRA Section 605 (15 U.S.C. § 1681c) controls. Meanwhile, R.S. 23:291.2 makes the age of a conviction a required hiring factor.
Arrests and other adverse items drop off after seven years.
The FCRA lets agencies report convictions regardless of age.
The seven-year limit lifts for jobs paying $75,000 or more.
Misdemeanors wait five years; felonies generally wait ten.
Note that Louisiana hiring law never allows non-conviction arrests, whatever the salary. Therefore, the $75,000 exemption does not revive arrest records for hiring.
Need current statewide results? Run a real-time Louisiana statewide criminal search alongside parish court searches.
Louisiana Criminal Records and Expungement Rules
Louisiana is a closed-record state. The Louisiana State Police Bureau of Criminal Identification and Information (BCII) maintains the state repository. Under La. R.S. 15:587, BCII releases records only to authorized users.
Consequently, most private employers rely on parish court records. A qualified screening company searches those courts for you.
How expungement affects hiring
Code of Criminal Procedure articles 971 through 995 govern expungement. Under Article 973, an expunged record leaves public view.
Moreover, applicants need not disclose expunged arrests or convictions. Only law enforcement, courts, and listed licensing boards keep access.
Louisiana also enacted automated expungement in Act 454 of 2023. BCII identifies eligible records under Article 985.2. However, rollout depends on state funding.
Louisiana Driving Record (MVR) Checks
The Louisiana Office of Motor Vehicles maintains official driving records. It operates within the Department of Public Safety and Corrections.
Federal law protects driver data. The Driver’s Privacy Protection Act (18 U.S.C. § 2721) limits who may obtain it. Employers generally qualify with written applicant consent.
In addition, employers of CDL drivers have a specific permissible use. The OMV explains these DPPA limits on its official commercial driving record page.
Order an MVR for any role that involves company vehicles. Also, recheck drivers at least once a year.
Credit Checks, Drug Testing, Fees, and Social Media
Credit reports
Louisiana does not restrict employment credit checks. Therefore, the FCRA alone applies. Still, use credit reports only for financial or fiduciary roles.
Drug testing
La. R.S. 49:1001 begins Louisiana’s drug testing chapter. It requires certified labs before negative job action. The chapter excludes federally mandated testing programs.
No applicant fees
La. R.S. 23:897 bars charging applicants for drug tests, medical exams, or fingerprinting. Violations carry fines and possible jail. The Louisiana Workforce Commission publishes guidance.
Social media passwords
La. R.S. 51:1953 bars requests for personal account logins. However, you may still view public profiles.
Industry-Specific Louisiana Screening Statutes
Some Louisiana industries must run fingerprint or state checks. These mandates override the general hiring rules. Review the cards below before you screen.
La. R.S. 40:1203.1–1203.5
Licensed providers must check nonlicensed direct care workers. The Louisiana Department of Health oversees compliance.
La. R.S. 15:587.1
The Louisiana Child Protection Act covers schools and child care employers. BCII processes these checks.
La. R.S. 37:2950
Boards may deny a license only when a conviction directly relates to the work. The statute requires an individualized review.
49 C.F.R. Part 391
Motor carriers must review CDL driving histories. The Federal Motor Carrier Safety Administration enforces these rules.
What Shows Up on a Louisiana Employment Background Check?
A Louisiana employment background check combines several searches. Most employers start with identity, criminal, and driving records. Then they add verifications that fit the role.
- Criminal convictions from parish courts, statewide sources, and federal courts.
- Sex offender registry results from national and state sources.
- Driving history with violations, suspensions, and license class.
- Identity and address history from an SSN trace to guide court searches.
- Employment and education verifications for credential-driven roles.
However, a compliant report excludes arrests beyond seven years for most jobs. It also excludes expunged Louisiana records.
Louisiana Background Screening Services
BCS Background Screening LLC delivers FCRA-compliant searches for Louisiana employers. Choose single searches or bundle them.
Louisiana Statewide Search
Real-time statewide criminal results for Louisiana applicants.
Parish Court Criminal Search
Researcher-verified searches at the courthouse level.
Federal Criminal Search
Federal district court records for fraud and interstate crimes.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions.
Nationwide Background Check
SSN trace, national database, sex offender, and watchlist checks.
All Packages and Add-ons
Compare every search, bundle, and add-on in one place.
Louisiana Employer Compliance Checklist
- Remove arrest-only questions from background check reviews.
- Document an individualized assessment for every conviction.
- Provide background information when applicants request it in writing.
- Use a standalone FCRA disclosure and signed authorization.
- Send pre-adverse and adverse action notices on time.
- Pay all drug test, medical exam, and fingerprint costs.
- Never request personal social media passwords.
- Confirm DPPA permissible purpose before ordering MVRs.
- Run required industry checks through BCII or LDH.
- Review your policy each year for new Louisiana laws.
Louisiana Employment Screening Laws: Employer FAQs
Can Louisiana employers consider arrest records when hiring?
No, not arrests from a background check. La. R.S. 23:291.2(A) bars requesting or considering arrests or charges without a conviction. The statute applies when the information arrives through a background check. No state agency administers it; applicants enforce it in court.
How must employers evaluate convictions under Louisiana law?
La. R.S. 23:291.2(B) requires an individualized assessment. You must weigh the offense’s nature and gravity, the time elapsed, and the job sought. Then decide whether the record has a direct and adverse relationship to the job’s duties. Keep written notes of each review.
Does Louisiana have a ban the box law for private employers?
No. However, La. R.S. 42:1701 requires state agencies to wait until after an interview or conditional offer. La. R.S. 42:1702 limits arrest questions for parishes and cities. New Orleans also applies ban the box to city contractors.
How far back can a Louisiana background check go?
Louisiana has no separate lookback statute. Instead, FCRA 15 U.S.C. § 1681c limits non-conviction records to seven years. Convictions have no time limit. The CFPB and FTC administer the FCRA. Meanwhile, R.S. 23:291.2 makes conviction age a required hiring factor.
Can employers see expunged records in Louisiana?
Generally, no. Louisiana Code of Criminal Procedure Article 973 removes expunged records from public access. Applicants need not disclose them. Only law enforcement, courts, and listed licensing boards retain access. District courts grant expungements, and Louisiana State Police BCII updates its repository.
What rules govern Louisiana driving record checks?
The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, limits MVR access to permissible purposes. The Louisiana Office of Motor Vehicles releases the records. Get written consent and follow FCRA steps when a screening company supplies the report.
Can Louisiana employers make applicants pay for background screening?
No, not for drug tests, medical exams, or fingerprinting. La. R.S. 23:897 prohibits passing those costs to applicants or employees. Violations can bring a $100 fine, up to 90 days in jail, or both. The Louisiana Workforce Commission publishes guidance on this rule.
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Disclaimer: BCS Background Screening LLC provides this guide for general information only. It is not legal advice. Laws change often, so consult qualified Louisiana employment counsel before you act.